Advisory Committee on the Framework Convention for the Protection of National Minorities
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ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES GVT/COM/IV(2018)004 Comments of the Government of Switzerland on the Fourth Opinion of the Advisory Committee on the implementation of the Framework Convention for the Protection of National Minorities by Switzerland - received on 7 December 2018 Eidgenössisches Departement für Auswärtige Angelegenheiten EDA Département fédéral des affaires étrangères DFAE Dipartimento federale degli affari esteri DFAE Federal Department of Foreign Affairs FDFA Fourth Opinion on Switzerland of the Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities and Comments of the Swiss Government December 2018 2 INTRODUCTORY REMARKS The Advisory Committee on the Framework Convention for the Protection of National Minorities (“the Framework Convention”) adopted its Fourth Opinion on Switzerland at its 62nd meeting on 31 May 2018. The Opinion was forwarded to the Permanent Representative of Switzerland to the Council of Europe on 6 July 2018. Switzerland was then invited to submit written comments by 6 November 2018. The deadline was extended with the agreement of the Framework Convention Secretariat. The visit to Switzerland by an Advisory Committee delegation from 5 to 8 March 2018 enabled the Advisory Committee to obtain, in complete transparency, the various information it needed to carry out its assessment. The Swiss authorities once again stated the importance they attach to the constructive dialogue with the Advisory Committee. During the visit, the delegation held bilateral meetings with representatives of all the recognised national minorities, namely the national linguistic minorities, the Swiss Yenish and Sinti/Manush and members of Switzerland’s Jewish communities. It also held talks with representatives of the country’s Roma and Muslim communities and met several representatives of the federal, cantonal and local administrative authorities as well as members of the federal parliament. Additional meetings took place with NGOs and academic institutions. Added value was contributed by the Advisory Committee delegation’s visits to the cantons of Fribourg and Bern to visit a transit site used by foreign Travellers and a stopping-place occupied by Swiss Yenish and Sinti/Manush. This was also the case with the visit to Chur and to meetings with the Graubünden authorities and with representatives of the Italian-speaking and Romansh- speaking minorities. These various meetings and visits helped the delegation to form a clear and precise picture of the situation in Switzerland of people belonging to its national minorities and of other minority communities. The Swiss authorities have noted with interest the Advisory Committee’s Fourth Opinion on Switzerland. Its detailed, in-depth findings reflect the care with which it has considered the situation of minorities in Switzerland. The balanced recommendations made to the Swiss authorities take account of the positions of the various stakeholders. The Swiss authorities welcome the opportunity they have been given to make a number of comments. These comments are addressed to the authorities of the Council of Europe by the Swiss Federal Council, which is responsible for foreign affairs and for Switzerland’s compliance with its international obligations. However, many areas, especially spatial planning and education, are the responsibility of the cantons, whose task it is to implement the Framework Convention in this regard. The drafting of these comments has been co-ordinated by the Directorate of International Law (DIL) of the Federal Department of Foreign Affairs (FDFA), with contributions from the relevant services of the Federal Administration, namely: - the Federal Office of Culture (FOC); - the Federal Service for Combating Racism (SCR); - the Federal Statistical Office (FSO); - the Federal Office of Justice (FOJ); - the Federal Delegate for Multilingualism; - the Central Language Services of the Federal Chancellery; - the Federal Office of Communication (OFCOM); 3 - the State Secretariat for Economic Affairs (SECO); - the Delegate of the National Security Network. The Federal Commission against Racism (FCR), an independent extra-parliamentary body, also contributed to the drafting of these comments. All the cantons, and the Conference of Cantonal Governments, the Swiss Conference of Cantonal Directors of Education and the Swiss Conference of Cantonal Directors of Public Works, Spatial Development and Environment, were invited to express their views. The cities and municipalities were also consulted, via their representative associations, as was the “A Future for Swiss Travellers” foundation. These comments, like the Swiss Government’s Fourth Report on the implementation of the Framework Convention, have been/will be drawn up in/translated into the four official languages of the Swiss Confederation (French, German, Italian and Romansh). The Confederation has also had the Advisory Committee’s fourth Opinion, communicated to the Swiss authorities in English and French, translated into Switzerland’s four official languages. All these documents will be published on the DIL website. To facilitate reading, these comments have been directly incorporated into the document setting out the fourth Opinion on Switzerland. They are highlighted in grey. The comments on the “Executive Summary” and on the “Key findings” of the fourth Opinion are mainly made at the appropriate points in the article-by-article findings. Similarly, the “Recommendations for immediate action” are commented on in the “Article-by-article findings” and in the final list of recommendations set out in the conclusions. 4 ADVISORY COMMITTEE ON THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES ____________________________________ Fourth Opinion on Switzerland –- adopted on 31 May 2018 Summary Switzerland’s system for the protection of minority rights has been gradually refined over the years, and Switzerland remains dedicated to the protection of the rights of persons belonging to national minorities, including through implementation of the Framework Convention. The authorities at federal, cantonal and municipal levels attempt to promote genuinely an atmosphere of intercultural understanding in society, which is nevertheless affected by populism, from which Switzerland is not immune. Persons belonging to national minorities share and express a general impression that intolerance has increased, including in political discourse and on the internet. There is a need to combat hate speech more effectively. The anti-discrimination policy and legislation have remained unchanged, despite reiterated recommendations that a comprehensive approach be adopted. Access to justice is not sufficiently facilitated for persons belonging to national minorities who are victims of hate speech or face discrimination. The level of protection of national linguistic minorities has been further improved at federal level and the rejection of a recent popular initiative on public broadcasting services has shown the general adherence of the Swiss people to multilingualism. However efforts are still required at cantonal level to promote and protect multilingualism in the cantonal administrations of the bilingual and trilingual cantons and prevent local initiatives that call into question the teaching in and of minority languages thereby potentially undermining this broad consensus. The Swiss authorities decided no longer to use the generic term “Swiss Travellers” to refer to “Yenish and Sinti/Manush”. The shortage of stopping places, short-stay areas and transit sites for persons belonging to these minorities persists, despite efforts made by both the federal authorities and certain cantons. The development of new sites tends to be complicated by persistent stereotypes on the itinerant ways of life and the subsequent opposition of local groups. Recommendations for immediate action: increase efforts of the federal authorities in raising awareness of the existing anti- discrimination legislation and reconsider the possible adoption of comprehensive federal anti-discrimination legislation; facilitate access to justice for persons belonging to national minorities who are victims of discriminatory treatment, including by recognising for NGOs a locus standi in the public interest and the capacity to represent the rights and interests of such victims; establish a national human rights institution in line with the Paris principles, especially relating to its institutional and financial independence, its capacity to promote as well as to protect human rights, and the broad scope of its mandate; establish ombudsperson institutions at federal and cantonal levels. 5 devote adequate financial support, through accessible, fair and transparent procedures, to projects aimed at preserving and developing identities and cultures of persons with itinerant ways of life; provide the Foundation “A Future for Swiss Travellers” with sufficient financial and human resources to accomplish its mission and to reach out to the communities concerned; adopt the forthcoming Action Plan of the Confederation about the Yenish and Sinti/Manush as soon as possible and immediately implement its measures; raise general awareness about the ways of life of itinerant persons; proceed with the creation of a sufficient number of sites within the deadline agreed upon in the forthcoming Action Plan itself. condemn systematically and in a timely manner all